Isek Fernando v. Rita Fernando and Others – sllr 1999 volume 3 page 029

In the case between Isek Fernando (Plaintiff) and Rita Fernando and others (Defendants), the court addressed the issue of whether representation by a duly appointed Attorney-at-law constitutes legal appearance for a defendant and the appropriateness of conducting an ex parte trial in such circumstances. It was held that appearance under sections 24, 28, and 29 of the Civil Procedure Code may be satisfied by representation through counsel, and that the ex parte inquiry was improperly conducted when the defendant was duly represented. The District Court’s decision was set aside, and the case was remanded for trial de novo, reinforcing the principle that a party’s absence in person does not preclude a valid court appearance through an authorized legal representative. The ruling relied on esta